Social and Behavioral Sciences Commons^™

Complexity And Copyright In Contradiction, Michael J. Madison

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The title of the article is a deliberate play on architect Robert Venturi's classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical 'architectures' of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the 'simplicity' of digital engineering is undermining desirable 'complexity' in legal and physical structures that regulate expressive works.

Status Of The Shooter: News Coverage And Input From Photographers In Local Television News, David Ozmun

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The rise of the 24-hour regional cable news channel has focused attention on "oneman bands-also called video journalists (Beacham, 1996; Colman, 1996; Lieberman, 1998). An increase in the number of journalists who report and shoot their own stories has been attributed to, among other things, economic pressures and technological advances (Sherer, 1994; RTNDF, 1995; Dickson, 1997). Television stations in very small markets have traditionally required reporters to make contacts, interview sources, record the video and sound, write the script, and edit the taped material into a finished product (Lindekugel, 1994). In most markets, however, the concept of a newsgathering team …

A Survey Of Sexually Abusive Experiences In Childhood Amongst A Sample Of Third Level Students, Kevin Lalor

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The following survey is an investigation into the nature, incidence and effects of childhood sexual abuse as experienced by a sample of third level students in Dublin. Unwanted sexual experiences whilst under the age of sixteen were surveyed. Response rates were high and indicate that unwanted sexual experiences prior to age sixteen are experienced by some 30% of female respondents. Indecent exposure was the most frequently reported experience. This figure falls considerably for contact and penetrative forms of abuse. Long term effects of non-contact forms of abuse were most frequently reported as embarrassment. More acute effects, such as suicidal tendencies, …

Street Children: A Comparative Perspective, Kevin Lalor

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Objective: This paper examines the findings from recent studies of street children in Ethiopia. Methods: Following a discussion of the term “street children,” comparisons are drawn between Latin American and Ethiopian street children in terms of gender, age, reasons for going to the streets, family relations and structure, delinquency, drug use, groups and the outcomes of street life. In particular, the victimisation of street children in Ethiopia is examined. Results: Widespread abuse of street children was reported. More than half of the street boys questioned reported being “regularly” physically attacked. Street life is also highly victimogenic for street girls. Sexual …

"Meet My Mentor": A Collection Of Personal Reminescences, Frank G. Houdek, Penny A. Hazelton

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Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important—and how varied—the process of mentoring has been and continues to be for the growth and evolution of the profession.

Penny Hazelton's contribution, Sometimes You Need a Good Shove, begins on page 216.

The Inter-Organisational Relationships In Irish Tourism: The Example Of Lough Derg, Kevin Griffin

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The data presented in this paper are drawn from research work carried out by the author into the operation and organisation of Irish tourism at a local level. In carrying out this work 104 tourism operators were surveyed in detail in order to assess their attitudes and opinions on a number of issues. The two dominant themes which emerged from this research were the highly varied nature of the tourism operations and the multitude of service providers with whom they interact. The purpose of this paper is to illustrate this diversity of Inter-organisational Relationships (IORs) and to propose an organisational …

What Law Librarians Collect, Penny Hazelton

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No abstract provided.

Sometimes You Need A Good Shove, Penny Hazelton

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No abstract provided.

What Law Librarians Collect, Frank Houdek, Penny A. Hazelton

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Law librarians describe their personal collections—what they collect for fun, not for their libraries.

Penny Hazelton's contribution, Postage Stamps, begins on page 601.

Documentary Credit Law And Practice In The Global Information Age, Jacqueline D. Lipton

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Documentary letters of credit have historically been an important and popular method of payment in international trading transactions. In fact, they have been described as the "life-blood of international commerce." A number of uniform international practices have developed for their use, many of which are codified in international rules such as the UCP 500. However, in the global information age, as the nature of international commerce changes, so too must the operation of such payment mechanisms. With the increase in electronic trading, the "documentary" nature of these credits may require some revision. This paper examines ways in which the law …

The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake

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Title IX, like other sex discrimination laws, addresses discrimination that occurs because of an individual’s sex. Courts interpreting Title IX, like those interpreting Title VII of the Civil Rights Act of 1964, have struggled to demarcate a line separating discrimination because of sex from discrimination because of sexual orientation. This article constructs an argument for viewing anti-gay discrimination, and in particular anti-gay harassment between students, as a form of sex discrimination under Title IX. The article first explores why school inaction in the face of sexual harassment discriminates on the basis of sex. Although sex discrimination law generally has long …

The Disability Kaleidoscope, Mary Crossley

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The question of whom our society truly wants to protect from adverse discrimination based on bodily difference is ultimately a question for the body politic. The aim of this article, by contrast, is to use the analytical tools provided by scholars in the field of disability studies to scrutinize how lawmakers to date have understood the concept of impairment as one form of bodily difference. By viewing administrative and judicial treatments of impairment through a disability studies lens, I have sought to give the disability kaleidoscope a turn and thus to provide the reader with an altered view of impairment …

Dancing About Architecture: Postmodernism And Irish Popular Music, Stephen Ryan

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No abstract provided.

Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor

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Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …

Legal-Ware: Contract And Copyright In The Digital Age, Michael J. Madison

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ProCD, Inc. v. Zeidenberg, which enforced a shrinkwrap license for computer software, has encouraged the expansion of the shrinkwrap form beyond computer programs, forward, onto the Internet, and backward, toward such traditional works as books and magazines. Authors and publishers are using that case to advance norms of information use that exclude, practically and conceptually, a robust public domain and a meaningful doctrine of fair use. Contesting such efforts by focusing on the contractual nature of traditional shrinkwrap, by relying on market principles, on adhesion theory, on commercial law concepts of usage and custom, or on federal preemption doctrine, feeds …

Medicaid Managed Care And Disability Discrimination Issues, Mary Crossley

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This article examines issues potentially raised under the Americans with Disabilities Act (ADA) by states' decisions whether and how to include disabled Medicaid recipients in the massive shift towards Medicaid managed care. Part II briefly examines the special issues that disabled Medicaid recipients pose with respect to managed care enrollment. These include issues of cost, quality, access, and program design and implementation. Part III describes various approaches that state programs have taken or are proposing to take with respect to the enrollment of disabled Medicaid recipients in managed care. These approaches range from simply excluding the SSI population from managed …

After The Dna Wars: Skirmishing With Nrc Ii, Richard O. Lempert

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This article traces some of the controversies surrounding DNA evidence and argues that although many have been laid to rest by scientific developments confirmed in the National Research Council's second DNA report, there remain several problems which are likely to lead to continued questioning of standard ways prosecutors present DNA evidence. Although much about the report is to be commended, it falls short in several ways, the most important of which is in its support for presenting random match probabilities independent of plausible error rates. The article argues that although one can sympathize with the NRC committee's decision as an …

The Arts Show Audience: Cultural Confidence And Middlebrow Arts Consumption, Brian O'Neill

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The arts constitute a form of cultural consumption that has been relatively neglected in recent academic discourse in comparison to the burgeoning literature of cultural studies dedicated to popular and mass media forms of culture. This emphasis within cultural studies on popular genres over traditional forms of art, what has been labelled its ‘cultural populism’ (Mc Guigan, 1992), systematically emphasises common, ordinary taste and resistant aesthetic strategies while denigrating ‘high culture’ as an elitist, middle class leisure pursuit that has little relevance to most people (Willis, 1990). Going against this populist tide, this chapter argues that an examination of popular …

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

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One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …

The Power Of One: How The Individual Activist Can Make A Difference, Henry Spira

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No abstract provided.

Problems Of Broadcast Funding: Crimeline And Sponsorship, Amanda Dunne

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No abstract provided.

Hypertext Theory And Narrative, Eoin Kilfeather

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No abstract provided.

Fianna Fail And The Origins Of The Irish Press, Catherine Curran

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No abstract provided.

Abortion And Harm To Children: Limits On Television Political Advertisements, David Ozmun

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Candidates wanting to air advertisements containing graphic depictions of aborted fetuses presented television stations with a dilemma. Sections 312(a)(7) and 315(a) of the Communications Act prevent broadcasters from censoring or restricting the political advertisements of legally qualified candidates seeking federal office. Under the United States Criminal Code, broadcasting material deemed indecent may result in penalties. Also, the Federal Communications Commission and courts have expressed concern about "harm to children" caused by televised material. While the FCC disagreed with a district court judge's ruling that political ads containing depictions of aborted fetuses were indecent, it did affirm a broadcast licensee's right …

New Technologies And Changing Work Practices In The Media Industry: The Case Of Ireland, Ellen Hazelkorn

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No abstract provided.

Sex As A Suspect Class: An Argument For Applying Strict Scrutiny To Gender Discrimination, Deborah Brake

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In United States v. Commonwealth of Virginia' ("VMI"), the Supreme Court has a landmark opportunity to revisit the legal standard courts should use to review classifications which treat men and women differently. The VMI case involves an equal protection challenge to the state's exclusion of women from VMI and its establishment of an alternative, sex-stereotyped women's leadership program as a remedy to that exclusion. The United States, which brought the case against VMI, has asked the Supreme Court to rule that sex-based classifications, like classifications based on race, must be subjected to the highest level of constitutional scrutiny, or "strict …

Choice, Conscience, And Context, Mary Crossley

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Building on Professor Michael H. Shapiro's critique of arguments that some uses of new reproductive technologies devalue and use persons inappropriately (which is part of a Symposium on New Reproductive Technologies), this work considers two specific practices that increasingly are becoming part of the new reproductive landscape: selective reduction of multiple pregnancy and prenatal genetic testing to enable selective abortion. Professor Shapiro does not directly address either practice, but each may raise troubling questions that sound suspiciously like the arguments that Professor Shapiro sought to discredit. The concerns that selective reduction and prenatal genetic screening raise, however, relate not to …

Remembrances Of William D. Murphy, Margaret A. Leary

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In mid-1988, as the time for me to assume the presidency of AALL at the end of the Atlanta meeting approached, the association's first executive director, William Jepson, announced that he would resign soon after the meeting. The presence of adequate staffing at headquarters had been a key element in my decision to run for president, so I was particularly appalled at the idea of the position being empty almost exactly as I took office. Then someone-I like to think it was Babe Russo but I can't remember definitely-suggested that Bill Murphy might be willing to serve as acting executive …

A New Model Of Radical Democracy, Ellen Hazelkorn

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No abstract provided.

External Sovereignty And International Law, Ronald A. Brand

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This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and …